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Guns + Weed = Felony

Most people do not realize that possession of a firearm while possessing marijuana is a felony offense in Kentucky.  Even persons lawfully carrying a firearm, or who possess a CCW, are not permitted to possess the firearm while they are in possession of marijuana.

Possession of marijuana is a relatively minor misdemeanor in Kentucky. Seldom is jail time associated with a case of simple possession under 8 ounces.  That is changed if there is a gun.  Essentially, the prosecution believes that if you have a gun, then there is a much higher likelihood of injury (and that you are likely a dealer).

KRS 218A.1422 provides for marijuana being a class B misdemeanorr, with a maximum period of incarceration of 45 days.  KRS 218A.992 provodes for enhancement of the offense to a felony if in possession of a firearm.  Generally, a handgun or assault-type firearm is more bothersome/worrysome to the prosecution than a shotgun or rifle.  

If you have been charged with a drug, marijuana, and/or firearm offense in Kentucky, you should retain an experienced criminal defense attorney. For consultation in Northern Kentucky, call 581-MIKE; Michael Bouldin at 859-581-6543 or email [email protected]

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